Page:Adams ex rel. Kasper v. School Board of St. Johns County, Florida (2022).pdf/46

 discussed, it does not. The dissent implicitly acknowledges this point. (“I … have no reason to address the majority opinion’s Spending Clause argument. The Spending Clause cannon of construction only comes into play if we find ourselves dealing with an ambiguous statute.”). Moreover, schools across the country separate bathrooms based on biological sex and colleges and universities across the country separate living facilities based on biological sex. The notion that the School Board could or should have been on notice that its policy of separating male and female bathrooms violates Title IX and its precepts is untenable.

Title IX’s statutory structure and corresponding regulatory scheme illustrate why a clear statement from Congress equating